Katugastota Bauddha Batamandalaya (Incorporation)



Katugastota Bauddha Batamandalaya (Incorporation)
AN ACT TO INCORPORATE THE KATUGASTOTA BAUDDHA BALAMANOALAYA
Preamble.

WHEREAS an Association called and known as “The Katugastota Bauddha Balamandalaya ” has heretofore been established at Katugastota for the purpose of effectually carrying out and transacting all matters connected with the said Association according to the rules agreed to by its members:

And whereas the said Association has heretofore successfully carried out and transacted the several objects and matters for which it was established and has applied to be incorporated and it will be for the public advantage to grant such application:

BE it, therefore, enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : –
[27th January
, 1983 ]
Short title.

1. This Act may be cited as the Katugastota Bauddha Balamandalaya (Incorporation) Act, No. 8 of 1983.

Incorporation of the Katugastota Bauddha Balamandalaya.

2. From and after the date of commencement of this Act such and so many persons as now are members of the Katugastota Bauddha Balamandalaya (hereinafter referred to as ” the Association”) or shall hereafter be admitted members of the Corporation hereby constituted shall be a body corporate with perpetual succession under the name and style of ” The Katugastota Bauddha Balamandalaya ” (hereinafter referred to as ” the Corporation”) and by that name may sue and be sued in all courts, with full power and authority to have and use a common seal and change and alter the same at its pleasure.

General objects of the Corporation.

3. The general objects for which the Corporation is constituted are hereby declared to be :

(a) the advancement of the Buddhist community in accordance with the teachings of the Buddha, the establishment and maintenance of a Buddhist centre and the protection of Buddhism and the privileges of Buddhists ;

(b) the fulfilment of the economic, social and cultural needs of Buddhists free from differences in politics, race, caste and community ;

(c) the performance of social service in accordance with Buddhist teachings and encouraging Buddhists in such performances;

(d) the holding of Buddhist sermons, discussions and talks and the performance of any other religious activities.

General powers of the Corporation.

4. Subject to the provisions of this Act and any other written law, the Corporation shall have the power to raise funds, to open, operate and close bank accounts, to borrow or raise moneys with or without security and to engage, employ and dismiss personnel required for the carrying out of the objects of the Corporation, to promote the objects or some among the objects or cease from furthering when necessary or suitable and the power for performing, furthering and executing all acts.

Board of Directors.

5.

(1) The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by a Board of Directors consisting of such number of persons to be elected in accordance with the rules of the Corporation.

(2) The first Board of Directors of the Corporation shall be the Board of Directors of the Association holding office on the date of commencement of this Act.

Board of Trustees.

6.

(1) The custody of all immovable property of the Corporation shall, subject to the rules of the Corporation, be vested in the Board of Trustees of the Corporation in accordance with the rules of the Corporation-

(2) The first Board of Trustees of the Corporation shall be the Executive Committee of the Association holding office on the date of commencement of this Act.

Rules of the Corporation.

7.

(1) It shall be lawful for the Corporation, from time to time at any general meeting of the members and by a majority of votes, to make rules, not inconsistent with the provisions of this Act, for the admission, withdrawal, or expulsion of members, for the conduct of the duties of the Board of Directors, the Board of Trustees and the Committees and of the officers, agents and servants of the Corporation, for the procedure to be followed in the transaction of business and otherwise generally for the management of the affairs of the Corporation and the accomplishment of its objects. Such rules when made may, at a like meeting be altered, added to, amended or rescinded subject however to the provisions of subsection (2).

(2) No rule of the Corporation made under subsection (1) shall be altered, added to, amended or rescinded except by a vote of two-thirds of the members present and voting at a general meeting of the Corporation:

Provided that such two-thirds shall not be less than one-third of the total number of members entitled to vote at a general meeting.

(3) The members of the Corporation shall be subject to the rules of the Corporation.

Debts due by and payable to the Association.

8. All debts and liabilities of the Association existing at the time of the coming into operation of this Act shall be paid by the Corporation hereby constituted, and all debts due to and subscriptions and contributions payable to the Association shall be paid to the Corporation for the purposes of this Act.

How the seal of the Corporation is to be affixed.

9. The seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of three of the members of the Board of Trustees who shall sign their names to the instrument in token of their presence and such signing shall be independent of the signing of any person as a witness.

Corporation may hold property movable and immovable.

10. The Corporation shall be capable in law to take and hold any property, movable or immovable, which may become vested in it by virtue of any purchase, grant, gift, last will in accordance with the disposal in it or otherwise and all such property shall be held by the Corporation for the purposes of this Act and shall subject to the rules of the Corporation with full power to sell, mortgage, lease, ex change or otherwise dispose of the same.

Saving of the rights of the Republic and others.

11. Nothing in this Act contained shall prejudice or affect the rights of the Republic, or of any body politic or corporate or of any other persons except such as are mentioned in this Act, and those claiming by, from, or under them.